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Sentencing
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Sentencing
Different crimes carry different consequences. Even crimes that fall under the same general category (assault), but that fall into different degrees have different punishment. Here is a comprehensive list of punishments and sentencing for each crime.
Assault in the First Degree – Class B Felony
- 1-20 year prison sentence and/or a fine of up to $15,000.
- Assault with a deadly weapon or dangerous instrument is 5-20 years in prison with five years mandatory.
- 10-20 years with 10 mandatory if the victim is under 10 years of age in any of the above sections or if the victim of the offense is a witness if the actor knew the victim was a witness.
Assault in the Second Degree- Class D Felony
- One to five year prison sentence.
- Fine of up to $5,000.
Assault in the Second Degree with a Firearm – Class D Felony
- 1-5 years in prison, with a mandatory one year requirement.
- Fine of up to $5,000.
Assault on a Pregnant Person Resulting in Termination of Pregnancy – Class A Felony
- No less than 10 year prison sentence nor more than 25 year sentence.
- A fine of up to $20,000.
Assault on a DOC Worker – Class B Felony
- 1-20 year prison sentence.
- 5-20 year prison sentence for assault with deadly weapon.
- Sentence is consecutive to any sentence a person was currently serving.
- Fine of up to $15,000.
Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Second Degree – Class D Felony
- Sentencing: Prison sentence of which at least two years cannot be suspended or reduced.
- Fine of up to $5,000.
Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Second Degree with a Firearm – Class D Felony
- Sentencing: Prison sentence of which at least three years cannot be suspended or reduced by the court.
- Fine of up to $5,000.
Assault in the Second Degree with a Motor Vehicle – Class D Felony
- Suspension the motor vehicle operator’s license for one year.
- Use of an ignition interlock device in the operator’s motor vehicle(s) for two years after the DMV restores their driving privileges.
- Prison sentence of up to one year and/or fine of up to $5,000.
Assault in the Third Degree – Class A Misdemeanor
- Any person found guilty under subdivision (3) of subsection (a) of this section will receive a prison sentence of which one year may not be suspended or reduced and/or a fine of up to $2,000.
Assault of an Elderly, Blind, Disabled or Pregnant Person or a Person with Intellectual Disability in the Third Degree – Class A Misdemeanor
- Any person found guilty under this section will receive a prison sentence of which one year may not be suspended or reduced and/or a fine of up to $2,000.
Breach of the Peace in the First Degree – Class D Felony
- 1-5 year prison sentence.
Breach of Peace in the Second Degree – Class B Felony
- Up to six months in prison.
Disorderly Conduct – Class C Misdemeanor
Threatening in the First Degree – Class D Felony
- 1 – 5 year prison sentence.
Threatening in the Second Degree – Class A Misdemeanor
- Up to 12 month jail sentence.
Interfering with an Officer – Class A Misdemeanor
- Up to 12 months in jail.
- If the violation of the statute causes the death or serious physical injury of another person, it is a Class D felony. 1-5 year prison sentence for this offense.